According to Kansas state statutes, it is public policy that a mother’s choice to breast feed should be supported and encouraged to the greatest extent possible, and that a mother may breast feed in any place she has a right to be.   But most nursing mothers who choose to return to work will leave babies with a daycare provider and need to express milk throughout the day in order to maintain their supply.

“Each woman’s experience is different, and is often a result of the growth patterns of the baby,” said Brenda Bandy, program director for Kansas Business Case, and presenter at a human resources luncheon Tuesday sponsored by the Great Bend Chamber of Commerce.   Bandy spoke about the federal “Nursing Mothers’ Break Time” law which went into effect in 2010 as part of the Patient Protection and Affordable Care Act.

Representatives from many of Great Bend’s large employers came to learn what they could do to ensure they were following the law correctly.  For many that meant going over how to account for break time, and ensuring they were following guidelines for providing space for nursing mothers to express breast milk while at work.

Some attending had years of experience supporting employees prior to the law, and wanted to make sure they were in compliance, while others were only now finding the need to implement a policy.  Pamela Hahn with Kansas Department of Children and Families, attended.  She is working with an new unit whose goal is to help people on assistance return to the workforce.  Many will be nursing mothers, and she came to learn the law’s requirements so she can prepare her clients and other staff members.  Richard Boeckman, Barton County Administrator, was also in attendance.  He is in the process of revising the county’s policy.  

“The Department of Labor is not going to be issuing regulations on this law because they want it to stay very broad and flexible,” Bandy said.  “They understand that the need to express milk is so varied for different mothers and over the course of time, they don’t want to be specific as to the amount of time, the number of breaks or the space issue.”

One requirement of the NMBT law which Bandy receives questions about often concerns providing a private and appropriate place for nursing mothers to use.   

“You’re not making a nursery, you’re making a functional space,” Bandy said.  

The law offers guidelines for what is not appropriate, but allows a broad interpretation of what is acceptable.  A space should be private, not be a bathroom, and provide enough space for a mother to comfortably express milk.   For most, a space about four feet by four feet with lockable door, an electric outlet and a flat surface on which to put an electric pump, and a comfortable chair will be adequate.  Some employers have repurposed closets or bathroom lounge areas where floor to ceiling barriers have been installed between the bathroom and the lactation space.  But others have had to be more creative.  

Bandy shared how one Walmart installed an electrical outlet in a changing room, and employees used it as the designated space.  Some convenience and fast food retailers have allowed employees to use the manager’s office as needed.  Even employees who work in the field in agricultural, construction or utilities related fields have used pop-up tents or sun shields for car windows to create space for expressing milk, Bandy said.  

“It just goes to show, it’s not hard to find a way,” she said.  “You simply have to have a plan.”  Employers who have fewer than 50 employees may ask for an exemption due to undue hardship, but Bandy said only 40 cases have made it to the federal level since the implementation of the law, and none have received an exemption because in every case a way was found to provide what the law required.  Kansas also has grants available to help employers with creating or improving their nursing support programs, up to $500, she said.

The other top concern most employers have is how to compensate employees who need to express milk.  The law says employers are not required to compensate nursing mothers for breaks taken for the purpose of expressing milk, however, if they are using their regular break time that they are normally compensated for, they may not be denied compensation.  They need to be compensated in the same way that other employees are compensated for break time.  Whether employers require them to take the time off the clock, or make up time later in the shift is a matter of policy for the employer to decide, she said.  

Reasonable break time is however many times a mother needs to express milk for her baby.  For most women, that’s two to three times over the course of an eight hour work day, and most of the time it can be done during normal break times, and the need changes over time, Bandy said.  In the beginning, moms will need to express more often and it may take longer while she becomes accustomed to how the process works.  As the baby grows, and eventually begins to eat solid food, the need will decrease.  Employers are required by law to accommodate and support nursing mothers for up to a year after the birth of her baby.  

Instead of looking at that requirements as a hassle, employers are encouraged to look at the requirements as a health issue that benefits all of society.  If handled proactively, it can even be a tool for building employee morale which can result in more employee loyalty and longevity down the road.  

Supporting employees who choose to breast feed their babies can also pay off for employers in other ways, Bandy said. Productivity goes up because nursing mothers are more rested than mothers who feed formula because they get on the average 40 minutes more sleep a night.  Both baby and mother have lower risk of disease and cancer, which means lower health care costs and less days missed from work.

On the average, employers who are in basic compliance with NMBT see a two to one return on investment, and those who provide expanded services see a three to one return on investment, according to studies done by the insurance provider Mutual of Omaha, she said.  

“A family-friendly lactation policy can also be a good recruitment tool, because the fastest growing segment of today’s labor force is women who are either returning to the workforce after having a baby, or plan to in the future,” Bandy said.